Testimony ends in DeLay's money-laundering trial

R.G. RATCLIFFE, AUSTIN BUREAU |
November 18, 2010

Tom DeLay has been mostly out of public view since resigning from Congress, except for an appearance on ABC's hit television show Dancing With the Stars.

AUSTIN — Testimony in the political money laundering trial of former U.S. House Majority Leader Tom DeLay ended Thursday without DeLay ever taking the witness stand — at least not in person.

The case ended after 11 days of testimony from 38 witnesses, including five from the defense. Closing statements are set for Monday.

DeLay crowed Thursday that he got to tell his side of the story on Wednesday when prosecutors played an extended interview he gave to Chris Wallace on Fox News Sunday in October 2005.

"The reason I didn't testify is there was no need to. I testified yesterday. Chris Wallace," DeLay told reporters. "I didn't need to say anything else. I can't believe the prosecution finished their case with my testimony."

Prosecutors introduced the interview into evidence to shore up statements DeLay made to prosecutors in August 2005, indicating he knew of a money swap between his Texans for a Republican Majority and the Republican National Committee while it was in process.

The interview also featured DeLay repeatedly saying the transaction was legal and that he was not involved in the daily operations of either TRMPAC or his national Americans for a Republican Majority. He said his knowledge of the deal was limited.

"As it was going on, nothing. I had nothing to do with the day-to-day operation," DeLay said in the Fox interview.

Accusations

DeLay is accused of conspiring with TRMPAC Executive Director John Colyandro and ARMPAC Director Jim Ellis to swap $190,000 in corporate money raised by TRMPAC in exchange for a like amount of money raised from individuals to be sent to seven Texas House candidates by the Republican National Committee's Republican National State Elections Committee. Corporate money cannot be used in candidate campaigns in Texas.

"I knew about this after it happened because Jim Ellis in passing said, 'Oh, by the way, we sent some money to RNSEC' and I said 'OK' That wasn't an approval. That was an acknowledgement," DeLay said in the Wallace interview.

But in his statement to prosecutors, DeLay said he knew about the money exchange in advance and spoke about Ellis' actions as something that he knew was going to happen. DeLay now claims he learned of the exchange on Oct. 2, 2002, after Ellis cut the deal with RNC Political Director Terry Nelson on Sept. 13.

Prosecutors this week turned calendars DeLay had entered into evidence to support his Oct. 2 date against him by showing he may have had a meeting with Ellis on Sept. 11, about an hour after Ellis received a blank check from Colyandro that was used in the money swap.

In 'his own words'

Two former DeLay congressional staffers - scheduler Mary Ellen Bos and former Deputy Chief of Staff Dan Flynn - testified they did not believe DeLay was at the Sept. 11 meeting, but neither could say for certain.

Travis County prosecutor Gary Cobb said that meeting, along with the statement DeLay gave to prosecutors in 2005, and a statement he made to reporters last week, are key to the case against the former congressional leader. DeLay last week told reporters he "probably" could have stopped the exchange if he wanted to, but did not because he believed it was legal.

"The most important part will be his own words," Cobb said.

Cobb expressed disappointment that DeLay did not take the witness stand, but noted it was his constitutional right not to.

"We had expected and looked forward to him testifying and giving his side of it," Cobb said.

Defense lawyer Dick DeGuerin reiterated his position that TRMPAC legally could raise corporate money in Texas and legally send it to the RNC. He said the money the RNC sent to the Texas candidates was legally raised from individuals.

"That's the case in a nutshell," DeGuerin said. "There's no crime, and Tom DeLay didn't do anything."